Homestead refers to the collectively owned land occupied by rural farmers or individuals as a living base. Homestead ownership belongs to rural collective economic organizations.
I. Types of homestead disputes
1: homestead dispute caused by illegal approval of land management department;
: 2. Using land to build houses without the approval of the land management department or by deception, which infringes on the interests of the collective or neighboring parties and causes disputes;
3. Disputes caused by collective learning cars outside the homestead;
4. Disputes caused by private exchange of homestead by building households;
5. Disputes arising from land use affecting the interests of neighboring parties;
: 6. Disputes caused by some * * * employers using the homestead used by * * * without the consent of the same user;
7 homestead without the relevant departments to confirm and unified planning, the border is unknown and disputes.
Second, how to solve the homestead dispute
1: When there is a dispute over the ownership of homestead between farmers, both sides should respect history, make concessions to each other and solve the problem through consultation. The two sides have successfully negotiated and it is best to sign an agreement. The agreement reached by both parties shall not violate relevant laws and regulations, and shall not harm the interests of the state or the collective or the legitimate rights and interests of other villagers; (Article 16 of the Land Management Law stipulates: "Disputes over land ownership and use rights shall be settled by the parties through consultation." According to this regulation, disputes over homestead between citizens should be resolved through consultation first. )
2. If negotiation fails, either party or both parties may apply to the local township (town) government or the land management office and other accepting organs for handling. When handling the application, it shall specify: the names and addresses of the applicant and the other party; Matters, specific requirements and reasons for the application, with a schematic diagram of the disputed land; Relevant evidence and its source, the name, work unit or address of the witness.
After receiving the application, the accepting organ shall decide whether to accept it within 15 days. If it decides to accept the application, it shall send a copy of the application to the other party within 10 days. The other party shall submit the defense and relevant evidence within 30 days from the date of receiving the copy of the application; Failing to submit the defense documents within the time limit will not affect the ruling. If the accepting organ decides not to accept the application, it shall notify the applicant in writing within 10 days after the decision, and explain the reasons. (Paragraph 2 of Article 16 of the Land Management Law stipulates: "Disputes between individuals or between individuals and units shall be handled by people's governments at the township level or above the county level." The law also stipulates that if there is a dispute over the ownership or use right of land, the land administration department of the local people's government at or above the county level shall order it to stop the infringement and compensate for the losses. )
(three) if the township does not accept it, the parties may apply directly to the county government or the Land Bureau. If it meets the acceptance conditions, it may be designated to accept it or directly accept it. The accepting organ may mediate the dispute over the ownership of the homestead first accepted; If mediation fails, a ruling shall be made.
(4) If a party refuses to accept the decision, he may apply for reconsideration to the superior processing organ within 15 days from the date of receiving the notice of the decision, or directly bring a lawsuit to the people's court within 30 days from the date of receiving the decision. After receiving the application for reconsideration, the superior handling organ shall make a reconsideration decision within 3 months. If a party refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 15 days after receiving the notice of reconsideration decision. During the settlement of the dispute over the ownership of the homestead, no party may change the status quo of the homestead and destroy its house. (Paragraph 3 of Article 16 of the Land Management Law stipulates: "If a party refuses to accept the decision of the relevant people's government, it may bring a lawsuit to the people's court within 30 days from the date of receiving the notice of decision. This shows that disputes over land use rights and ownership between citizens, according to the provisions of Articles 16 and 53 of the Land Management Law, are handled by the relevant administrative organs, and if they are dissatisfied, they can only bring a lawsuit to the people's court. Otherwise, the people's court will not accept it. However, if the ownership or use right of land is infringed, the infringed person may directly bring a suit in a people's court without being dealt with by an administrative organ. )
In addition, disputes over homestead can also be resolved through people's mediation. People's mediation refers to a mass autonomous activity under the auspices of mediation committees (including urban residents' committees and rural villagers' committees) to persuade and educate the parties to civil disputes in accordance with national laws, regulations, policies and social ethics, to promote mutual understanding and equal consultation between the parties to disputes, and to reach an agreement voluntarily to eliminate disputes.